SOLICITATION NOTICE
60 -- Cryogen-Free Optical Cryostat System - Attachment A - NIST SSD Cryogen-Free Optical Cryostat System - Combined Synopsis/Solicitation SB1341-16-RQ-0190
- Notice Date
- 3/8/2016
- Notice Type
- Combined Synopsis/Solicitation
- NAICS
- 334516
— Analytical Laboratory Instrument Manufacturing
- Contracting Office
- Department of Commerce, National Institute of Standards and Technology (NIST), Acquisition Management Division, 100 Bureau Drive, Building 301, Room B130, Gaithersburg, Maryland, 20899-1410, United States
- ZIP Code
- 20899-1410
- Solicitation Number
- SB1341-16-RQ-0190
- Archive Date
- 4/5/2016
- Point of Contact
- Cory L. Worley, Phone: 3019753635
- E-Mail Address
-
cory.worley@nist.gov
(cory.worley@nist.gov)
- Small Business Set-Aside
- N/A
- Description
- Combined Synopsis/Solicitation SB1341-16-RQ-0190 Attachment A - Cryogen-Free Optical Cryostat System THIS IS A COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS PREPARED IN ACCORDANCE WITH THE FORMAT IN FAR SUBPART 12.6, STREAMLINED PROCEDURES FOR EVALUATION AND SOLICITATION FOR COMMERCIAL ITEMS, AS SUPPLEMENTED WITH ADDITIONAL INFORMATION INCLUDED IN THIS NOTICE. THIS ANNOUNCEMENT CONSTITUTES THE ONLY SOLICITATION; QUOTATIONS ARE BEING REQUESTED, AND A SEPARATE WRITTEN SOLICITATION DOCUMENT WILL NOT BE ISSUED. THE SOLICITATION IS BEING ISSUED USING SIMPLIFIED ACQUISITION PROCEDURES. The Request for Quotations (RFQ) number is SB1341-16-RQ-0190. This synopsis/solicitation constitutes a RFQ and incorporates provisions and clauses in effect through Federal Acquisition Circular (FAC) 2005-86-1. The associated North American Industrial Classification System (NAICS) code for this procurement is 334516 - Analytical Laboratory Instrument Manufacturing, which has a size standard of 500 Employees. Offerors must submit all questions concerning this solicitation in writing, via email, to both the Contract Specialist, Cory Worley at Cory.worley@nist.gov and the Contracting Officer Lynda Roark at Lynda.Roark@nist.gov. Questions should be received no later than five (5) calendar days after the issuance date of this solicitation. All responses to the questions will be made in writing, without identification of the questioner, and will be included in an amendment to the solicitation. Even if provided in other form, the question responses included in the amendment to the solicitation will govern performance of the contract. This acquisition is being competed as a 100% small business set-aside. In accordance with the non-manufacturer rule, the contractor shall be a small business under the applicable size standard and shall provide either its own product or that of another domestic small business manufacturing or processing concern. See FAR 19.102(f) for additional information. The U.S. Department of Commerce (DOC), National Institute of Standards and Technology (NIST) Physical Measurements Laboratory (PML) Sensor Science Division (SSD) has a requirement for a Cryogen-Free Optical Cryostat System in accordance with the specifications provided in Attachment A - NIST SSD Cryogen-Free Optical Cryostat System. The detailed Statement of Work (SOW) entitled "NIST SSD Cryogen-Free Optical Cryostat System" is hereby incorporated by reference and provided as "Attachment A" to this combined synopsis/solicitation. LIST OF ATTACHMENTS: The following specifications are hereby provided as attachments. The purpose of these attachments is for reference and to provide specification requirements to the Contractor for quotation purposes only. All attachments included in this solicitation are owned by the Government and shall not be reproduced, released, distributed, or otherwise utilized for any purpose other than submission of a quotation and the execution of the required work without the prior written approval of the NIST Contracting Officer. Attachment A: NIST SSD Cryogen-Free Optical Cryostat System All offerors shall provide a quotation for the following line items: (All equipment must be new. Used, refurbished, prototype, or remanufactured will not be considered for award). Contract Line Item Number (CLIN) QTY. UNIT UNIT PRICE APPLICABLE DISCOUNTS TOTAL CLIN 0001 - Cryogen-Free Optical Cryostat system, meeting or exceeding the requirements identified in Attachment A. 1 EA CLIN 0002 - OPTION LINE ITEM The Contractor must provide a firm-fixed price for the option line item. Prices for option line items shall remain valid in accordance with the following: No funding will be obligated by the base award document for the option line item. All ordering and obligation of funds will be issued on separate modification to formally exercise and fund an option line item. The Government is not obligated to exercise the option line item. The Option Line Item must be valid for 1 year from date of award. CLIN 0002, Upgrade of System to reach temperatures no more than 1 K at Sample Stage. 1 EA DELIVERABLES: Deliverables: Deliverable 1: The Contractor shall provide 100 percent complete mechanical design drawings and interface specifications, prior to fabrication, for Government review not later than four (4) weeks after receipt of the order. The draft design shall be evaluated by the Government Technical Point of Contact within one (1) week from receipt of the draft and provide a response indicating either acceptance or revisions required. The Contractor shall submit the drawings electronically. PDF format or Word document. Deliverable 2: The Contractor shall deliver the final system not later than five (5) months after acceptance of the 100 percent final design. Delivery shall be FOB Destination. The Contractor shall pack and mark the shipment in conformance with carrier requirements, deliver the shipment in good order and condition to the point of delivery specified in the purchase order, be responsible for any loss of and/or damage to the goods occurring before receipt and acceptance of the shipment by the consignee at the delivery point specified in the purchase order; and pay all charges to the specified point of delivery. The contractor shall deliver the items to NIST, BLD 301 Shipping and Receiving Gaithersburg, MD 20899. Delivery shall be completed within seven (7) months of an award. The Contractor shall notify the NIST Technical Point of Contact (TPOC) at least one week prior to shipping. Express Warranty: The contractor shall warrant the entire system for a period of at least one year. The warranty must include unlimited telephone/e-mail support for questions regarding operation. All costs including parts, labor, travel, and other expenses necessary to repair the system will be borne solely by the contractor at no additional cost to the U.S. Government. Inspection and Acceptance In addition to the inspection and acceptance terms articulated in 52.212-4, the Government reserves the right to perform such performance tests and evaluations as defined below to verify specified system performance. Such tests and evaluations, if performed, shall be conducted within the environment that the system is to be operated. The Contractor has the right to be present during the tests and evaluations, if performed, at the Contractor's expense. The following tests shall be performed within 14 days after receipt of instrument: NIST will conduct testing to ensure that the system meets the required specifications listed in Attachment A - NIST SSD Cryogen-Free Optical Cryostat System. PROVISIONS AND CLAUSES: The following provisions and clauses apply to this acquisition. Those incorporated by reference may be found at the following: All Federal Acquisition Regulation (FAR) clauses may be viewed at: https://www.acquisition.gov/?q=browsefar. All Commerce Acquisition Regulation (CAR) clauses and provisions can be accessed at: http://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title48/48cfrv5_02.tpl. PROVISIONS FAR 52.212-1, INSTRUCTIONS TO OFFERORS - COMMERCIAL ITEMS (Reference FAR 12.301(b)(1)) INSTRUCTIONS: System for Award Management, SAM In accordance with FAR 52.204-7, the awardee must be registered in the system for award management (www.sam.gov) prior to award. Refusal to register shall forfeit award. Due Date for Quotations Offerors shall submit their quotations so that NIST receives them not later than 1:00 PM Eastern Standard Time on March 21, 2016. FAX quotations shall not be accepted. E-mail quotations shall be accepted at Cory.Worley@nist.gov. Please reference the RFQ number in the subject line of email communications and packages mailed. Offerors' quotations shall not be deemed received by the Government until the quotation is entered in the e-mail box set forth above. All hand delivered quotations and material shall be made on the actual due date through Gate A, and a 48 hour (excluding weekends and holidays) prior notice shall be provided to Cory Worley, Contract Specialist on 301-975-3635. Quotation Submission Requirements: 1). Price Quotation: The offeror shall submit an original and four copies of the completed price schedule. If the quotation is submitted electronically, additional copies are not required. The pricing quotation shall be separate from any other portion of the quotation. The offeror shall provide a firm-fixed-price, FOB Destination is required, for each CLIN. Price quotations shall remain valid for a period of 90 days from the date quotations are due. 2). Technical Quotation: The technical quotation shall address the following: Technical Capability: The offeror shall submit a technical description or product literature for the system it is proposing, which clearly identifies each requirement listed above and in the Statement of Work (Attachment A). The offeror must demonstrate that its proposed system meets or exceeds each minimum requirement described above and in the Statement of Work (Attachment A) by providing a citation to the relevant section of its technical description or product literature. The contractor must not simply state they will meet the requirement; evidence must be provided. If applicable, evidence that the Offeror is authorized by the original provider to provide the item(s) in the quotation should be included. 3.) Experience: The offeror shall demonstrate the extent to which it has recently manufactured, distributed, and installed similar equipment. The offeror shall submit a list of at least three similar systems supplied in the past five (5) years. Information shall include the model name/number, date of sale, end user name, and end user contact information. 4). Past Performance: The offeror shall provide past performance information regarding relevant contracts over the past five (5) years with Federal, state, or local governments, or commercial customers. If the offeror intends to subcontract with another firm(s) for part of this requirement, that firm's past performance information shall also be provided. If the offeror has no relevant past performance, it may include a statement to that effect in its quotation. The government reserves the right to consider data obtained from sources other than those described by the offeror in its quotation. The description of each contract/order described in this section shall not exceed one half page in length. For each contract/order, the offeror shall provide the following information: 1. Contract number; 2. Description and relevance to solicitation requirements including dollar value; 3. Period of Performance - indicate by month and year the state and completion (or "ongoing") dates for the contract; 4. Reference Contact - If a non-Government contract, identify the name and address of the client with current telephone number and email address of a point of contact of the client responsible for the contract; 5. Contracting Office - If a Government contract (Federal or state), identify the Procuring Contracting Officer (PCO), administrative Contracting Officer (ACO), and Contracting Officer's Representative (COR), and their names, current telephone numbers and email addresses. 6. Problems Encountered - include information regarding information regarding any problems encountered on the contracts described above and corrective actions taken to resolve those problems. 5). Acceptance of RFQ terms and conditions: This is an open-market solicitation for equipment as defined herein. The Government intends to award a Purchase Order as a result of this solicitation that will include the clauses set forth herein. The quotation should include one of the following statements: "The terms and conditions in the solicitation are acceptable to be included in the award document without modification, deletion, or addition." OR "The terms and conditions in the solicitation are acceptable to be included in the award document with the exception, deletion, or addition of the following: Offeror shall list exception(s) and rationale for the exception(s) Note: This procurement is not being conducted under the GSA Federal Supply Schedule (FSS) program or another Government-Wide Area Contract (GWAC). If an offeror submits a quotation based upon an FSS or GWAC contract, the Government will accept the quoted price. However, the terms and conditions stated herein will be included in any resultant Purchase Order, not the terms and conditions of the offeror's FSS or GWAC contract, and the statement required above shall be included in the quotation. Evaluation Criteria: The award shall be made to the Offeror whose quotation offers the best value to the Government. The Government will evaluate quotations based on the following evaluation criteria: 1) Technical Capability; 2). Experience, 3) Past Performance and 4) Price. All non-price factors, when combined are equally important than price. Each quotation will be evaluated against the factors described below. An offeror's failure to address any factor may be considered indicative of the offeror's lack of understanding of the Government's requirements and may result in the offer being determined unacceptable. Quotations will be evaluated based on the factors identified below: Evaluation Factors: 1. Technical Capability: Evaluation of Technical Capability shall be based on the information provided in the quotation. NIST will evaluate whether the offeror(s) has demonstrated that its proposed equipment and services, meets or exceeds all requirements. Quotations that do not demonstrate the proposed equipment and services meets all requirements will not be considered further for award. The Government shall give stronger consideration for the following, in no particular order: Specification 5: Temperature stability of the measurement cold plate shall be < 250 mK. (Stronger consideration shall be given to a contractor who provides the lowest temperature stability) Specification 6: The amplitude of vibrations at the measurement cold plate shall be < 50 µm. (Stronger consideration shall be given to a contractor who provides the lowest amplitude of vibrations) 2. Experience: NIST will evaluate the extent of the offeror's experience providing similar or same equipment and services. 3. Past Performance: The Government will evaluate the Offeror's past performance information and, if appropriate, its proposed subcontractors' past performance to determine its relevance to the current requirement and the extent to which it demonstrates that the offeror has successfully completed relevant contracts in the past five years. In assessing the offeror's past performance information, NIST will evaluate, as appropriate, successful performance of contract requirements, quality and timeliness of delivery of goods and services, cost management, communications between contracting parties, proactive management and customer satisfaction.. Evaluation of this factor will be based on information contained in the technical portion of the quotation and information provided by references. The Government will evaluate past performance information by contacting appropriate references, including NIST references, if applicable. The Government may also consider other available information in evaluating the Offeror's past performance. The Government will assign a neutral rating if the offeror has no relevant past performance information. 4. Price: The Government will evaluate the Contractor's ability to deliver an efficient and effective quotation at a fair and reasonable price. 52.225-4 -- BUY AMERICAN - FREE TRADE AGREEMENTS - ISRAELI TRADE ACT CERTIFICATE (MAY 2014) (a) The offeror certifies that each end product, except those listed in paragraph (b) or (c) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms "Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product," "commercially available off-the-shelf item," "component," "domestic end product," "end product," "foreign end product," "Free Trade Agreement country," "Free Trade Agreement country end product," "Israeli end product," and "United States" are defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act." (b) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American--Free Trade Agreements--Israeli Trade Act": Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products: Line Item No.: Country of Origin: [List as necessary] (c) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (b) of this provision) as defined in the clause of this solicitation entitled "Buy American--Free Trade Agreement--Israeli Trade Act." The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of "domestic end product." Other Foreign End Products: Line Item No.: Country of Origin: (d) The Government will evaluate offers in accordance with the policies and procedures of Part 25 of the Federal Acquisition Regulation. (End of Provision) FAR 52.225-18 PLACE OF MANUFACTURE (Mar 2015) (a) Definitions. As used in this clause- "Manufactured end product" means any end product in Federal Supply Classes (FSC) 1000-9999, except- (1) FSC 5510, Lumber and Related Basic Wood Materials; (2) Federal Supply Group (FSG) 87, Agricultural Supplies; (3) FSG 88, Live Animals; (4) FSG 89, Food and Related Consumables; (5) FSC 9410, Crude Grades of Plant Materials; (6) FSC 9430, Miscellaneous Crude Animal Products, Inedible; (7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products; (8) FSC 9610, Ores; (9) FSC 9620, Minerals, Natural and Synthetic; and (10) FSC 9630, Additive Metal Materials. "Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture. (b) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly- (1) [ ] In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or (2) [ ] Outside the United States. FAR 52.217-5 EVALUATION OF OPTIONS (JUL 1990) Except when it is determined in accordance with FAR 17.206(b) not to be in the Government's best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s). (End of Provision) CAR 1352.233-70 AGENCY PROTESTS (APR 2010) An agency protest may be filed with either (1) the Contracting Officer, or (2) at a level above the Contracting Officer, with the agency Protest Decision Authority. See 64 Fed. Reg. 16,651 (April 6, 1999). Agency protests filed with the Contracting Officer shall be sent to the following address: NIST/ACQUISITION MANAGEMENT DIVISION ATTN: LYNDA ROARK, CONTRACTING OFFICER 100 Bureau Drive, MS 1640 Gaithersburg, MD 20899 Agency protests filed with the Protest Decision Authority shall be sent to the following address: NIST/ACQUISITION MANAGEMENT DIVISION ATTN: HEAD OF THE CONTRACTING OFFICE (HCO) 100 Bureau Drive, MS 1640 Gaithersburg, MD 20899 A complete copy of all agency protest, including all attachments, shall be served upon the Contract Law Division of the Office of the General Counsel within one day of filing a protest with either the Contracting Officer or the Protest Decision Authority. Service upon the Contract law Division shall be made as follows: U.S. Department of Commerce Office of the General Counsel Chief, Contract Law Division Room 5893 Herbert C. Hoover Building 14th Street and Constitution Avenue, N.W. Washington, D.C. 20230 FAX: (202) 482-5858 CAR 1352.233-71 GAO AND COURT OF FEDERAL CLAIMS PROTESTS (APR 2010) A protest may be filed with either the Government Accountability Office (GAO) or the Court of Federal Claims unless an agency protest has been filed. A complete copy of all GAO or Court of Federal Claims protests, including all attachments, shall be served upon (i) the Contracting Officer, and (ii) the Contract Law Division of the Office of the General Counsel, within one day of filing a protest with either GAO or the Court of Federal Claims. Service upon the Contract Law Division shall be made as follows: U.S. Department of Commerce Office of the General Counsel Chief, Contract Law Division Room 5893 Herbert C. Hoover Building 14th Street and Constitution Avenue, N.W. Washington, D.C. 20230 FAX: (202) 482-5858 (End of clause) REPRESENTATION BY CORPORATIONS REGARING AN UNPAID DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (CLASS DEVIATION) (MARCH 2015) In accordance with Sections 744 and 745 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), none of the funds made available by the Consolidated and Further Continuing Appropriations Act, 2015 funding may be used to enter into a contract with any corporation that- Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where an awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation and has made a determination that this further action is not necessary to protect the interests of the Government, or Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government. The Offeror represents that, as of the date of this offer - It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months. It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. CLAUSES FAR 52.212-4, CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (MAY 2015) (Reference FAR 12.301(b)(3)) FAR 52.212-5, CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUES OR EXECUTIVE ORDERS - COMMERICAL ITEMS (JAN 2016) The following additional FAR clauses cited in FAR 52.212-5 are applicable to this acquisition - FAR 52.204-10, REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS (OCT 2015) (PUB. L. 109-282) (31 U.S.C. 6101 NOTE) FAR 52.209-6, PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (OCT 2015) (31 U.S.C. 6101 NOTE) FAR 52.219-6, NOTICE OF TOTAL SMALL BUSINESS ASIDE (NOV 2011) (15 U.S.C. 644) FAR 52.219-28, POST AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JUL 2013) (15 U.S.C. 632(a)(2)) FAR 52.222-3, CONVICT LABOR (JUNE 2003) (E.O. 11755). FAR 52.222-19, CHILD LABOR-COOPERATION WITH AUTHORITIES AND REMEDIES (JAN 2016) (E.O. 13126) FAR 52.222-21, PROHIBITION OF SEGREGATED FACILITIES (APR 2015) FAR 52.222-26, EQUAL OPPORTUNITY (APR 2015) (E.O. 11246) FAR 52.222-35, EQUAL OPPORTUNITY FOR VETERANS (OCT 2015) (38 U.S.C. 4212) FAR 52.222-36, EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUL 2014) (29 U.S.C. 793) FAR 52.222.37, EMPLOYMENT REPORTS ON VETERANS (OCT 2015) (38 U.S.C. 4212) FAR 52.222-50, COMBATING TRAFFICKING IN PERSONS (MAR 2015) (22 U.S.C. CHAPTER 78 AND E.O. 13627) FAR 52.223-18, ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING (AUG 2011) (E.O. 13513) FAR 52.225-3, BUY AMERICAN - FREE TRADE AGREEMENTS - ISRAELI TRADE ACT (MAY 2014) (41 U.S.C. CHAPTER 83, 19 U.S.C. 2112 NOTE, 19 U.S.C. 3805 NOTE, 19 U.S.C. 4001 NOTE, PUB. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, AND 112-43) FAR 52.225-13, RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUN 2008) (E.O.'S, PROCLAMATIONS, AND STATUTES ADMINISTERED BY THE OFFICE OF FOREIGN ASSETS CONTROL OF THE DEPARTMENT OF THE TREASURY) FAR 52.232-33, PAYMENT BY ELECTRONIC FUNDS TRANSFER- SYSTEM FOR AWARD MANAGEMENT (JUL 2013) (31 U.S.C. 3332) FAR 52.217-7 OPTION FOR INCREASED QUANTITY - SEPARATELY PRICED LINE ITEM (MAR 1989) The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within one (1) year after date of award. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree. (End of Clause) FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB) 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address: http://farsite.hill.af.mil/vffara.htm (End Clause) FAR 52.204-7 SYSTEM FOR AWARD MANAGEMENT (JUL 2013) (Reference FAR 4.1105(a)(1)) FAR 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (JUL 2013) (Reference FAR 4.1105(b)) FAR 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013) (Reference FAR 32.706-3) FAR 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013) (Reference FAR 32.009-2) FAR 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004) (Reference FAR 33.215(b)) FAR 52.247-35 F.O.B. DESTINATION, WITHIN CONSIGNEE'S PREMISES (APR 1984) (Reference FAR 47.303-7(c)) CAR 1352.246-70 PLACE OF ACCEPTANCE (APR 2010) (a) The Contracting Officer or the duly authorized representative will perform inspection and acceptance of supplies and services to be provided under this contract. (b) The place of acceptance will be: Inspection and acceptance will be performed at: U.S. Department of Commerce DOC/NIST 100 Bureau Drive Gaithersburg, MD 20899 Building: 235 (End of clause) CAR 1352.201-70 CONTRACTING OFFICER'S AUTHORITY (APR 2010) (Reference 48 CFR 1301.602-170) CAR 1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010) (Reference 48 CFR 1309.507-2(c)) CAR 1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010) (Reference 48 CFR 1309.507-2(d)) CAR 1352.231-71 DUPLICATION OF EFFORT (APR 2010) (Reference 48 CFR 1331.205-70) CAR CLAUSES FULL TEXT CAN BE ACCESSED AT: http://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title48/48cfrv5_02.tpl PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS-REPRESENTATION (FEB 2015) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), Government agencies are not permitted to use funds appropriated (or otherwise made available) under that or any other Act for contracts with an entity that requires employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. The prohibition in paragraph (a) of this provision does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information. Representation. By submission of its offer, the Offeror represents that it does not require employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. (End of provision) NIST LOCAL_04 BILLING INSTRUCTIONS The Contractor shall submit an original invoice or voucher in accordance with the payments provisions of this contract to: NIST Accounts Payable Office 100 Bureau Drive, Mail Stop 1621 Gaithersburg, MD 20899-1621 FAX Number: 301-975-8283 Email: invoice@nist.gov Each invoice or voucher submitted shall include the following: Contract Number. Contractor Name and Address. Date of Invoice. Invoice Number. Amount of Invoice, and cumulative amount invoiced to-date. Contract Line Item Number (CLIN). Description, quantity, unit of measure, unit price, and extended price of supplies/services delivered. Prompt payment discount terms, if offered. Any other information or documentation required by the contract. (End Clause)
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